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CHARTER MEDICAL CORP. v. BOWEN

No. 85-8378.

788 F.2d 728 (1986)

CHARTER MEDICAL CORP., et al., Plaintiffs-Appellees, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

May 6, 1986.

Attorney(s) appearing for the Case

Glen A. Reed, Richard L. Shackelford, Atlanta, Ga., for plaintiffs-appellees.

Frank L. Butler, AUSA, Macon, Ga., Anthony J. Steinmeyer, Alfred R. Mollin, Dept. of Justice, Civil Div., Washington, D.C., for defendant-appellant.

Before VANCE, Circuit Judge, HENDERSON, Senior Circuit Judge, and LYNNE, Senior District Judge.

HENDERSON, Senior Circuit Judge:

The plaintiffs-appellees, five hospitals, filed this action in the United States District Court for the Middle District of Georgia challenging the Medicare Malpractice Rule, 42 C.F.R. § 405.452(a)(1)(ii) (1984). The district court held the Rule invalid and granted the plaintiffs both retrospective and prospective relief. The defendant-appellant, the Secretary of Health and Human Services (Secretary), appeals only that part of...

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